Summary
remanding to the circuit court and stating that the court "may, in its discretion, decide whether resentencing is necessary"
Summary of this case from People v. GrossOpinion
No. 131326.
January 26, 2007.
Appeal from the Court of Appeals No. 267933.
Summary Disposition January 26, 2007.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate the sentence for the second count charging the defendant with second-degree criminal sexual conduct. The prosecution dismissed one count of second-degree criminal sexual conduct at the preliminary examination, and the defendant entered a plea of nolo contendere to a single count of second-degree criminal sexual conduct as a third-felony offender. The trial court therefore erred in imposing a sentence for the second count of second-degree criminal sexual conduct. We remand this case to the Kent Circuit Court, which may, in its discretion, decide whether resentencing is necessary. In all other respects, leave to appeal is denied, because we are not persuaded that the question presented should be reviewed by this Court.